Storm

Certified for Partial Publication. [1]

BENKE, Acting P.J.

Charles Edward Storm was convicted of first degree murder. He appeals, arguing violation of his Miranda [2] rights, error in the exclusion of defense evidence and instructional error concerning murder and manslaughter.

On November 2, 1996, at approximately 7:00 a.m., the body of appellant's wife Gloria Andrade was found at a roadside turnout near Julian. At about 10:00 p.m. that day, appellant called the police and reported Andrade missing.

Sheriffs detectives Rowe and Heilig went to appellant's apartment on November 4 at approximately 5:30 p.m. At first, appellant was told the officers were investigating his missing person report. As the interview progressed, the officers explained they were from homicide and that a body fitting the description of Andrade had been found. Appellant told the officers he had last seen Andrade Friday night.

Detective Rowe interviewed appellant at his home on November 21. Appellant stated he met Andrade shortly after she was released from County Mental Health and after she had attempted suicide. Over the several months before her death, Andrade became depressed. She began asking appellant…